Referencing/displaying other films in mine...

[Sulaco]

I've got a quick question which I'm unsure about and thought some of the more experienced members here would be able to help me with.

I'm writing a short film at the moment to be shot later this year, likely August/September, and in it one of the main characters is "inspired" in to her career of choice by a certain actress and several of her films, and I was wondering what the legality is in regards to showing off the films/actress in my film?

They would be displayed on TV sets and referenced by name.

My understanding is that it's ok to use the name (as long as it's not slandering the actress etc) but I'm unsure about using the film footage. Any help would be greatly appreciated!

[Sulaco]

So... anyone? With any advice? I'm looking to mention a Zhang Yimou film and use Gong Li's name a few times if that helps anyone in giving back advice...

[ClockworkNinja]

It might fall under fair use, but this really falls under "ask a lawyer" purview.

[NickClapper]

Originally Posted by Sulaco

My understanding is that it's ok to use the name (as long as it's not slandering the actress etc) but I'm unsure about using the film footage. Any help would be greatly appreciated!

Yep, you're free to use the name in a non-defamatory way but all her films are going to be protected by copyright, so you'd have to seek permission and then, potentially, exchange money...etc. All in all, for a short, it's probably not worth it.

I'm sure you can think of a creative way to get around this problem without having to actually show the films.

[directorik]

In the States you are allowed to have a character say a
real persons name out loud. A character can mention the
name of a film out loud. The right to copy (copyright) comes
into play when you use an image that is under copyright.
Be careful when invoking "fair use" - know exactly what
the legal term means and how it can be used before you
try to use it.